Rajasthan High Court: In a writ petition related to grant of permission to the petitioner university to admit students for the B.Sc Nursing Course for academic year 2023-24, a single-judge bench comprising of Dr. Nupur Bhati, J., granted interim relief to the petitioner University(s) allowing them to admit students for the B.Sc Nursing Course and participate in counselling for the GNM Course, subject to the outcome of the writ petitions considering the lack of a timeline for constituting the High Power Committee and delay in granting No Objection Certificate (NOC) to petitioners.
In the instant matter, the Court vide order dated 28-02-2024, summoned the Additional Chief Secretary, Medical & Health Department and pursuant to the court the Additional Chief Secretary appeared via video conferencing. The Additional Chief Secretary communicated the Court that a State Level Scrutiny Committee meeting was held on 01-03-2023, wherein 16 cases for granting NOC were considered, resulting in 10 institutes being granted NOC. The Additional Chief Secretary highlighted the necessity of formulating a new policy to ensure transparency and fairness and stated that until the formation of a High-Level Committee to decide on NOC issuance and the implementation of the new policy, the consideration for granting NOC was put on hold. The petitioners argued that this decision by the respondents would cause irreparable harm to their university/universities, as no timeline was provided for constituting the High-Level Committee or implementing the new policy.
Considering the absence of a timeline for the formation of the High-Level Committee, the lack of clarity regarding the new policy’s implementation and potential irreparable loss to the petitioner university/universities, the Court directed the respondents to allow the petitioner university/universities to participate in counselling, if conducted, for admission of students in the GNM (General Nursing and Midwifery) Course. The Court clarified that the participation of the petitioners in counselling would be subject to the outcome of the writ petitions and considerations of equity towards the students, ensuring the rights of the students. The Court gave the respondents an option to file an application to vacate this interim order. The Court noted that the presence of the Secretary/Additional Chief Secretary, was not required further and scheduled the next hearing for 22-04-2024. The interim order, if any, was to remain in effect until the next hearing date.
[Shri Khushal Das University v. State of Rajasthan, 2024 SCC OnLine Raj 773, order dated 15-03-2024]
Advocates who appeared in this case :
Mr. Shreyansh Mardia Ms. Nilansha Singhvi, Counsel for the Petitioners
Ms. Vandana Bhansali, AGC with Ms. Kkhushi Makwana Mr. Sangram Singh, Counsel for the Respondent
Ms. Subhra Singh, ACS Medical & Health, through VC, Present in person
